Tort Claims Rules of the
N.C. Industrial Commission

Revisions Effective 1 January 2011

ARTICLE II. CLAIMS PROCEDURES

Rule T205
Motions

All motions in
cases which are currently calendared before a Commissioner or Deputy
Commissioner shall be sent directly to that Commissioner or Deputy
Commissioner. Before a case is calendared, or after a case has been
continued, or removed, or after a case has been heard and a Decision and
Order entered, motions shall be directed to the Executive Secretary of the
Industrial Commission or the person designated by the Chair to determine
these matters, if known.

A motion shall
state with particularity the grounds on which it is based, the relief
sought, and a brief statement of the opposing party’s position, if known.
The party making the motion shall make a reasonable and diligent effort to
ascertain the position of the opposing party and if unable to do so, should
specify the reasonable efforts made. A proposed Order shall be submitted
with all motions. Service shall be made on all other parties.

The above provisions shall not apply to inmate torts,
except that service shall be made on all other parties.

Motions to
continue or remove a case from the hearing docket must be made well in
advance of the scheduled hearing and shall be made in writing. In all cases,
the moving party must state that the other parties have been advised of the
motion and relate the position of the other parties regarding the motion.
Oral motions may be permitted in emergency situations for good cause shown.

The responding
party to a motion, with the exception of motions to continue or remove a
case from a hearing docket, shall have ten days after a motion is served
upon him during which to file and serve copies of a response in opposition
to the motion. The Industrial Commission may shorten or extend the time for
responding to any motion.

Notwithstanding
the provisions of (4) above, the Industrial Commissionmay act
upon a motionat any time, despite the absence of notice to
all parties, and without awaiting a response. A party who has not received
actual notice of such a motion prior to the entry of a ruling by the
Industrial Commission or who has not filed a response at the time such
ruling is entered and who is adversely affected by the ruling may request
reconsideration, vacation, or modification of the ruling. Motions will be
determined without argument, unless the Industrial Commission orders
otherwise.

In a case in
which a Motion to Amend Pleadings has been filed and not previously ruled
upon, the Commissioner or Deputy Commissioner may permit amendment of
pleadings at the time of the hearing and then proceed to a determination of
the case based on the evidence presented at the hearing without requiring
additional pleadings.

Motions to
dismiss or for summary judgment for the defendant on the ground that
plaintiff has failed to specifically name the individual officer, agent,
employee or involuntary servant whose alleged negligence gave rise to the
claim, or failure to properly name the department or agency of the State
with whom such person was employed, shall be ruled upon following discovery.

In appropriate
cases, motions may be set for hearing before a Commissioner or Deputy
Commissioner upon request of either party or upon the Commission’s own
motion.